Coston v. Coston
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Anna Louise Coston and others, from, an interlocutory judgment of the Supreme Court in favor of the defendant, American Security and Trust Company, as executor, etc., entered in the office of the cleric of the county of Richmond on the 6tlrday of August, 1906, upon the decision of the court, rendered after a trial at the. Richmond Special Term, sustaining the said defendant’s demurrer to the complaint.
1Opinion of the Court
Miller, J.:
The action is for specific performance of a contract made by the respondent’s testatrix, whose will was admitted to probate in the District of Columbia. The respondent is sued as executor and trustee, and by demurrer seeks to raise the question of. want of • jurisdiction. • It is not disputed that the courts of this State have no jurisdiction over a foreign executor, but the appellants seek to sustain the complaint against the respondent as trustee, and as-tiie complaint asks for relief which might be granted against the trustee, it becomes necessary to determine the contention of…
2Cases cited6 opinions
- Kalish v. . KalishNew York Court of Appeals · 1901
- Van Cott v. . PrenticeNew York Court of Appeals · 1887
- Becker v. BeckerAppellate Division of the Supreme Court of the State of New York · 1897
- Matteson v. . PalserNew York Court of Appeals · 1903
- Matteson v. PalserAppellate Division of the Supreme Court of the State of New York · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In re the Probate of the Last Will & Testament of LallyAppellate Division of the Supreme Court of the State of New York · 1910
- Boecher v. Smada Realty Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Toher v. CrounseNew York Supreme Court · 1907
- Adami v. GerckenAppellate Division of the Supreme Court of the State of New York · 1914
- Appell v. AppellAppellate Division of the Supreme Court of the State of New York · 1917
1 more not listed; retrieve them via the Exa API.